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TRUE STORIES:
from my files.
Mr. S called me from the prison in El
Dorado, Kansas where he was serving a prison sentence of 9
months for hauling 300 pounds of marijuana in the back of a
semi-trailer driven by him. Although he was in this country
legally with a work permit, he was not a U.S. citizen. He was
driving a semi tractor trailer rig in Kansas when it was stopped
by the Highway Patrol and searched. Three hundred pounds of
marijuana were found in the trailer and Mr. S was charged
with the possession and transportation of this large quantity of
drugs in our state.
He hired another attorney to represent
him. That attorney told him to plead guilty; he would get
probation; and would not need to worry about being deported back
to his home country. Although Mr. S maintained his innocence, he
followed the advice of that attorney and entered a plea of
guilty. He was sentenced to 9 months in prison and was
going to be deported by the U.S. government after serving his
term when he called me from prison.
I determined that his lawyer had done a
poor job in representing him and successfully argued that his
guilty plea should be withdrawn. The prosecutor eventually
dismissed the case and the U.S. government stopped the
deportation proceedings allowing Mr. S to return to his wife and
children. He now has his life back as a result of diligent and
competent legal representation.
Mr. B was stopped driving his SUV in
northeast Kansas by the Highway Patrol after drugs had been
discovered in another vehicle which had also been stopped thirty
miles behind him. He was arrested and charged with possession of
277 pounds of marijuana. Like Mr. S, he hired another lawyer who
advised him to plead guilty and that he would likely get
probation. Mr. B followed the advice of his lawyer and was
facing a 10 month sentence when he called me from jail.
I stopped the sentencing and persuaded the
Judge to allow Mr. B to withdraw his guilty plea. I successfully
argued before a Judge that the stop of my client’s vehicle by
Highway Patrol Officers was illegal and that he should not have
been charged with a crime. The Kansas Court of Appeals agreed
with me. That case has now been dismissed and Mr. B released
from jail.
No, I do not win every case. Like any
successful criminal defense lawyer, many of my clients have
served time in jail and prison. Without competent legal
representation, however, I suspect that they would have been
serving a lot more time in jail or prison as a result of
committing crimes. |
